Mrudula @ Sujata Chandrashekhar Bhide v. Vinayak Gopal Dandekar And ANR

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14. CAAL 31994-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO.31994 OF 2018 IN APPEAL FORM ORDER (ST.) 31991 OF 2018 WITH CIVIL APPLICATION (ST.) NO.31996 OF 2018 Mrudula @ Sujata Chandrashekhar Bhide ...

Applicant

Versus

Vinayak Gopal Dandekar And Another ....

Respondents .....

Mr. Sandesh D. Patil i/b Mr. Prithviraj S. Gole for the Applicant/Appellant.

Mr. Prajakt M. Arjunwadkar for the Respondents. .....

CORAM : S.C. GUPTE, J.

DATE : 13 AUGUST 2019 P. C. :

.

Civil Application No.31994 of 2018 has been taken out in Appeal from Order (St.) No.31991 of 2018. The Application seeks condonation of delay, if any. The narration in the Civil Application suggests that originally the Appellant had challenged the judgment and order by a writ petition, but that this Court was of the view that there being alternate remedy available to the Appellant by way of an appeal from order, the Appellant was permitted to withdraw the

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14. CAAL 31994-18.doc petition with liberty to file an appeal from order. If one excludes the period spent during the pendency of the writ petition, there is practically no delay in filing the appeal from order. It is, accordingly, held that the Appeal from Order may be treated as within time.

Office shall number the Appeal from Order accordingly.

Civil Application is disposed of.

Appeal from Order to come up for admission on 26 August 2019.

(S.C. GUPTE, J.)